Delgado v. United States of America

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 13 Report and Recommendations. Petitioner's 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) is DENIED, and the issuance of a Certificate of Appealability is DENIED. (Signed by Judge Andrew S Hanen) Parties notified. (rnieto, 1)

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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION RUBEN ALBERTO DELGADO, JR., Petitioner, V. UNITED STATES OF AMERICA Respondent. § § § § § § § May 16, 2017 David J. Bradley, Clerk CIVIL ACTION NO. B-16-089 CRIMINAL ACTION NO. B-11-716-1 ORDER Pending is the Magistrate Judge's April 19, 2017, Report and Recommendation in the abovereferenced cause of action. [Doc. No. 13] No objections have been lodged by either side and the time for doing so has expired. Having reviewed all of the pleadings and the Report and Recommendation for plain error and having found none, it is the opinion of the Court that the Magistrate Judge's Report and Recommendation is hereby adopted. Therefore, Petitioner Ruben Alberto Delgado’s Motion to Vacate, Set Aside or Correct his Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is denied as meritless, and the issuance of a Certificate of Appealability is denied. Signed this 16th day of May, 2017. _______________________________ Andrew S. Hanen United States District Judge

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